Courts are often called upon to decide whether assets are marital property subject to division in a divorce or whether assets are separate property. In a recent Michigan Court of Appeals case, Maher v Maher, Wife [“W”] claimed that a Smith Barney investment account titled to both parties was marital property. The account had initially been funded with settlement proceeds from Husband’s [“H”] prior employment discrimination case—filed before the parties’ marriage, but settled during the marriage. W also claimed that the appreciation of that account was marital. The trial court found that the initial investment continued to remain H’s separate property, but the appreciation in the account during the parties’ marriage was distributable as marital property. Both parties appealed. The final result in the COA was that H got to keep not only the initial monies, but also all of the appreciation.